[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5267 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5267
To amend title XI of the Social Security Act to require the Center for
Medicare and Medicaid Innovation to test a model to reduce chronic
diseases by using Accountable Produce is Medicine.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 5, 2026
Mr. Banks (for himself, Mr. Padilla, and Mr. Marshall) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To amend title XI of the Social Security Act to require the Center for
Medicare and Medicaid Innovation to test a model to reduce chronic
diseases by using Accountable Produce is Medicine.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountable Produce is Medicine Act
of 2026''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) diet-related chronic diseases are a leading driver of
health care costs in the United States;
(2) evidence-based food-is-medicine interventions,
including medically tailored meals, medically tailored
groceries, produce prescriptions, and nutrition counseling,
have the potential to improve health outcomes and reduce health
care expenditures;
(3) the Center for Medicare and Medicaid Innovation should,
to the extent practicable, incorporate such interventions, as
appropriate, into models tested under section 1115A of the
Social Security Act (42 U.S.C. 1315a); and
(4) incorporating food-is-medicine interventions into the
Center for Medicare and Medicaid Innovation models may improve
quality of care, reduce costs, and support the prevention and
management of chronic disease.
SEC. 3. REQUIRING THE CENTER FOR MEDICARE AND MEDICAID INNOVATION TO
TEST A MODEL TO IMPROVE OUTCOMES FOR PATIENTS WITH
CHRONIC DISEASES BY USING ACCOUNTABLE PRODUCE IS
MEDICINE.
Section 1115A of the Social Security Act (42 U.S.C. 1315a) is
amended--
(1) in subsection (b)(2)(A), in the third sentence, by
inserting ``, and, beginning not later than the date that is
180 days after the enactment of the Accountable Produce is
Medicine Act of 2026, shall include the Accountable Produce is
Medicine Bundled Payment Model described in subsection (h)''
before the period at the end; and
(2) by adding at the end the following new subsection:
``(h) Accountable Produce Is Medicine Bundled Payment Model.--
``(1) In general.--For purposes of subsection (b)(2)(A),
the Accountable Produce is Medicine Bundled Payment Model (in
this subsection, referred to as the `model') described in this
subsection is a model under which a bundled payment is made
under title XVIII, title XIX, or title XXI, as appropriate, for
selected programs to furnish Accountable Produce is Medicine
services to eligible individuals.
``(2) Selection of programs to participate.--
``(A) Selected programs.--The Secretary shall
select to participate in the model at least 5 eligible
programs, each to participate for a period of not less
than 2 years, that the Secretary determines have the
capacity to satisfy the requirements described in
paragraph (3). In this subsection, each such eligible
program so selected shall be referred to as a `selected
program'.
``(B) Priority.--In selecting eligible programs
under subparagraph (A), the Secretary shall give
priority to any such program that furnishes (including
through an arrangement with a provider of services or
supplier or other entity) fresh, frozen, or minimally
processed fruits and vegetables without added sugars,
sodium, or saturated fats (except those occurring
naturally), and other plant-based, nutrient-dense
foods, including nuts, seeds, intact whole grains,
beans, and lentils.
``(3) Minimum program requirements.--Under the model, a
selected program shall comply with each of the following
requirements:
``(A) Screening.--The selected program shall screen
individuals who are referred to the program by a
physician, hospital, or other health care provider, to
determine whether such individuals are eligible
individuals.
``(B) Accountable produce is medicine services.--In
the case of an individual who is determined by the
selected program under subparagraph (A) to be an
eligible individual, the selected program shall, for
the 1-year period following such determination (subject
to subparagraph (D)), make available (including through
an arrangement with a provider of services or supplier
or other entity) to such individual the following
services (in this subsection referred to as
`Accountable Produce is Medicine services' or `APIM
services'):
``(i) A personalized health risk assessment
and personalized prevention plan.
``(ii) Care coordination services.
``(iii) Telehealth services related to
chronic disease monitoring, education, and
follow-up.
``(iv) Remote patient monitoring items and
services that are clinically appropriate for
monitoring chronic disease and facilitating a
timely response from a provider in the case
that the selected program detects significant
changes in the data being monitored.
``(v) Lifestyle modification programs,
including nutrition counseling provided by a
registered dietician or other qualified
provider, exercise programs, and smoking
cessation counseling.
``(vi) Healthy, nutrient-dense foods
meeting such standards as the Secretary shall
determine, with preference given to produce
grown within 250 miles of the selected program
or through the use of regenerative agriculture.
``(C) Collection of health data; reenrollment
assessment.--In the case of an individual who is
determined by the selected program under subparagraph
(A) to be an eligible individual, the selected program
shall--
``(i) track the APIM services that the
individual has received from the program under
the model;
``(ii) regularly evaluate the individual's
engagement with the program and adherence to
program requirements;
``(iii) on a quarterly basis collect from
such individual updated weight, blood pressure,
and blood glucose measurements, and any other
measurements determined appropriate by the
Secretary; and
``(iv) at the end of the 1-year period
described in subparagraph (B)--
``(I) evaluate the measurements
collected under clause (iii);
``(II) submit to the Secretary such
data as the Secretary determines
necessary for purposes of evaluating
the health care cost savings achieved
for such individual during such period;
and
``(III) provide for an additional
determination under subparagraph (A) as
to whether such individual remains an
eligible individual.
``(D) Disenrollment.--In the case of an individual
who is determined by the selected program under
subparagraph (A) to be an eligible individual, if the
selected program determines (in accordance with
standards established by the Secretary) before the end
of the 1-year period described in subparagraph (B) that
such individual is not adequately engaging with the
program or is not adhering to program requirements, the
selected program shall terminate the individual's
participation in the program and may not furnish any
additional APIM services to such individual under the
model.
``(4) Payment.--
``(A) In general.--The Secretary shall determine
the form, manner, and amount of bundled payment to be
provided to selected programs under the model and,
beginning in the third year in which such model is
carried out, may require that selected programs assume
financial risk for performance under the model.
``(B) Cost sharing.--APIM services furnished by a
selected program to an eligible individual shall be
provided without application of deductibles,
copayments, coinsurance, or other cost-sharing under
the applicable title.
``(5) Duration.--The model shall be carried out for a
period of not less than 5 years.
``(6) Definitions.--In this subsection:
``(A) Eligible individual.--The term `eligible
individual' means an individual--
``(i) who is--
``(I) entitled to benefits under
part A of title XVIII or enrolled for
benefits under part B of such title;
``(II) enrolled under a State plan
(or waiver of such plan) under title
XIX; or
``(III) enrolled under a State
child health plan (or waiver of such
plan) under title XXI;
``(ii) who resides in a medically
underserved area (as designated pursuant to
section 330(b)(3)(A) of the Public Health
Service Act), a rural area (as defined in
section 1886(d)(2)(D)), a health professional
shortage area described in section 332(a)(1)(A)
of the Public Health Service Act, or another
area determined appropriate by the Secretary;
``(iii) who has diabetes, obesity,
cardiovascular disease, hypertension,
malnutrition, or any other disease or chronic
condition that the Secretary determines
appropriate;
``(iv) in the clinical judgment of a
physician or other health care professional,
who would benefit from participation in the
model;
``(v) who the eligible program determines
to be prepared to participate in the model; and
``(vi) who is not already receiving items
or services that the Secretary determines are
substantially similar (and duplicative in
purpose and clinical function) to the APIM
services described in clause (v) of paragraph
(3)(B).
``(B) Eligible program.--The term `eligible
program' means a provider of services (as defined in
section 1861(u)) or supplier enrolled in the program
under title XVIII, title XIX, or title XXI.
``(C) Regenerative agriculture.--The term
`regenerative agriculture' means a conservation
management approach that emphasizes natural resources
through improved soil health, water management, and
natural vitality.
``(D) Supplier.--The term `supplier' means a
physician or other practitioner, a facility, or other
entity that furnishes services under title XVIII, title
XIX, or title XXI.''.
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